Self Employed Contract for Australia

Self Employed Contract Template for Australia

This is a comprehensive contract template designed for establishing and managing independent contractor relationships in Australia. The document ensures compliance with Australian federal and state legislation, including the Independent Contractors Act 2006 and relevant tax laws. It covers essential elements such as scope of services, payment terms, intellectual property rights, insurance requirements, and termination provisions, while maintaining clear distinction from employment relationships to avoid sham contracting issues. The template includes provisions for GST, personal services income considerations, and necessary safeguards for both the principal and the contractor.

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What is a Self Employed Contract?

The Self Employed Contract Template has been developed to meet the growing need for properly structured independent contractor relationships in the Australian business environment. It is designed for use when engaging individual contractors or contractor-operated businesses, ensuring compliance with Australian legislation including the Independent Contractors Act 2006, Fair Work Act 2009, and relevant tax laws. The template includes comprehensive provisions for service delivery, payment terms, intellectual property, confidentiality, and insurance requirements, while incorporating necessary elements to establish a genuine contractor relationship rather than an employment relationship. It is particularly relevant in today's gig economy and increasing trend toward flexible working arrangements, providing a solid foundation for business-to-business service arrangements while protecting both parties' interests.

What sections should be included in a Self Employed Contract?

1. Parties: Identification of the principal/client and the contractor, including full legal names, ABN/ACN, and registered addresses

2. Background: Context of the agreement, nature of the business relationship, and confirmation of contractor's independent status

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules for interpreting the contract

4. Engagement and Term: Formal appointment of contractor, nature of engagement, commencement date, and duration of the agreement

5. Services: Detailed description of services to be provided by the contractor

6. Contractor Obligations: Key responsibilities, performance standards, and compliance requirements

7. Principal's Obligations: Client's responsibilities, including provision of necessary information and resources

8. Fees and Payment Terms: Payment amounts, payment schedule, invoicing requirements, and expense policies

9. GST and Taxation: GST requirements, tax obligations, and responsibility for various statutory payments

10. Insurance and Liability: Required insurance coverage and allocation of risks between parties

11. Intellectual Property: Ownership and rights regarding created works, existing IP, and licensed materials

12. Confidentiality: Protection of confidential information and trade secrets

13. Termination: Circumstances for termination, notice periods, and consequences of termination

14. General Provisions: Standard legal clauses including governing law, notices, and dispute resolution

What sections are optional to include in a Self Employed Contract?

1. Work Health and Safety: Specific WHS obligations when services involve on-site work or high-risk activities

2. Equipment and Resources: Include when specific equipment or resources are required for service delivery

3. Sub-contracting: Include when the contractor may need to engage sub-contractors

4. Non-Compete: Include for contractors with access to sensitive information or client relationships

5. Key Performance Indicators: Include when specific performance metrics will be used to evaluate services

6. Force Majeure: Include for long-term contracts or where service interruption risks need to be addressed

7. Data Protection: Include when personal or sensitive data processing is involved

8. Training and Compliance: Include when specific qualifications or ongoing training are required

What schedules should be included in a Self Employed Contract?

1. Schedule 1 - Services Description: Detailed scope of works, deliverables, and technical specifications

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones

3. Schedule 3 - Service Levels: Performance standards, KPIs, and measurement criteria

4. Schedule 4 - Insurance Requirements: Specific insurance types and coverage levels required

5. Appendix A - Required Qualifications: List of mandatory qualifications, certifications, or licenses

6. Appendix B - Approved Sub-contractors: List of pre-approved sub-contractors if applicable

7. Appendix C - Equipment Schedule: List of equipment to be provided by either party

8. Appendix D - Policies and Procedures: Relevant business policies that contractor must comply with

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Employment Form

Cost

Free to use
Relevant legal definitions
Relevant Industries

Information Technology

Professional Services

Construction

Creative Industries

Healthcare

Education

Financial Services

Consulting

Marketing and Communications

Engineering

Real Estate

Retail

Manufacturing

Transport and Logistics

Relevant Teams

Legal

Human Resources

Procurement

Operations

Finance

Risk and Compliance

Administration

Project Management Office

Business Development

Executive Leadership

Relevant Roles

Procurement Manager

Legal Counsel

HR Director

Operations Manager

Project Manager

Business Unit Manager

Contracts Administrator

Risk Manager

Compliance Officer

Finance Manager

Business Owner

Managing Director

Chief Operating Officer

Department Head

Resource Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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